§ 306. Liability for conduct of another; complicity.

513 words·~2 min read·/pa/title-18/chapter-3/306

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)General rule.-- A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

(b)Conduct of another.-- A person is legally accountable for the conduct of another person when:

(1)acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;

(2)he is made accountable for the conduct of such other person by this title or by the law defining the offense; or

(3)he is an accomplice of such other person in the commission of the offense.

(c)Accomplice defined.-- A person is an accomplice of another person in the commission of an offense if:

(1)with the intent of promoting or facilitating the commission of the offense, he:

(i)solicits such other person to commit it; or

(ii)aids or agrees or attempts to aid such other person in planning or committing it; or

(2)his conduct is expressly declared by law to establish his complicity.

(d)Culpability of accomplice.-- When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

(e)Status of actor.-- In any prosecution for an offense in which criminal liability of the defendant is based upon the conduct of another person pursuant to this section, it is no defense that the offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

(f)Exceptions.-- Unless otherwise provided by this title or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

(1)he is a victim of that offense;

(2)the offense is so defined that his conduct is inevitably incident to its commission; or

(3)he terminates his complicity prior to the commission of the offense and:

(i)wholly deprives it of effectiveness in the commission of the offense; or

(ii)gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

(g)Prosecution of accomplice only.-- An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

18c306v

Cross References. Section 306 is referred to in sections 904, 3218, 6111 of this title; section 9711 of Title 42 (Judiciary and Judicial Procedure).

18c307s